Child custody and visitation rights cases are never easy in Greenville, SC. Many include long and painful battles. Besides the parents and their children, the grandparents suffer as well. They love their grandchildren and they also want to remain close to them. When the parents do not agree their only chance remains to consult a grandparents’ rights attorney. The latter can explain the laws governing grandparents’ rights in SC and evaluate their options.

 

Brief Overview of the Laws Governing Grandparents’ Rights in SC

In South Carolina, the rights grandparents have are usually a reflection of their children’s rights. Generally, the grandparents can only see their grandchildren during their child’s visitation schedule. If they do not maintain a good relationship with the child, that may never happen.

The law protects the parents’ liberty interest in their children’s care, control, and custody. It is a fundamental right subject to the Due Process Clause of the U.S. Constitution. South Carolina courts have to take into account the decisions of a fit parent regarding visitation. They have to presume that a fit parent acts in the child’s best interests.

As long as the child is well cared for, the court is unlikely to interfere with the parent’s decision. In order to grant visitation rights to a third party, they will need compelling circumstances. The decision has to follow S.C. Code Ann. § 63-15-240 guidelines regarding the child’s best interests.

The court’s decision will take into account the specifics of the case. Some of them are detailed below:

• The child’s preferences and needs
• The child’s relationship with the grandparents and other family members
• The grandparents’ relationship with the child’s parents
• The mental and physical health of everyone involved
• The conditions in which the visits would occur
• Potential impact on the parent’s schedule and financial situation
• Implications regarding residence, school attendance, transportation, and more.

One situation that may influence the court’s decision on grandparents’ rights in SC is the death of one parent. The parents of the deceased will obtain visitation rights if they comply with S.C. Code Ann. § 63-3-530(33). As a result, many grandparents in Greenville choose to work with a family law attorney.

 

How a Family Law Attorney Can Help Obtain Grandparents’ Rights in SC

In order to obtain visitation rights, the grandparents have to prove one or more of the following circumstances:

• The child’s parent unreasonably denied them visitation rights for more than 90 days
• Their relationship with the child was similar to that between parents and their children
• The grandparents’ rights in SC will not influence the child’s relationship with their parent
• The parents or guardians of the child are unfit
• The parents’ decision is not in the best interests of the child
• The grandparents are psychological parents of the child

In order to consider a grandparent as a psychological parent, the court will assess whether:

• The parents of the child consented to and facilitated the relationship
• The grandparents and the child cohabitated
• Grandparents undertook parenting obligations without expecting financial compensation
• Grandparents maintained their parental role long enough.

Under South Carolina law, child-parent relationships take time to form. This means the grandparents will have to prove that they cohabitated for a considerable period. The court will usually consider petitions only if the grandparents and the child cohabitated for:

• Minimum of six months for children younger than three
• Minimum of one year for children older than three.

These periods refer to continuous cohabitation and should be supported by evidence. Besides considering the available evidence, the court may further investigate the case. They may assign a psychologist on the case. The latter could discuss with all the parties involved to determine the child’s best interest.

Sometimes, the court appoints a family law attorney to represent the child. The parties may use all types of evidence to support their case. Common examples include character witnesses, financial statements, photos, and videos. To increase their odds, visitation petitioners should work with a grandparents’ rights in SC attorney.

 

Consult an Experienced, Compassionate, and Dedicated Greenville Family Law Attorney Today!

Robert Clark has been defending grandparents’ rights in SC for years. He knows how important the grandparent-child relationship is and does everything possible to protect it. With his help, you can prove how much your grandchild means to you and obtain visitation rights. Call (864) 729-3900 or fill in the contact form and schedule a case review with an experienced family law attorney. It is the easiest way to find out where you stand and receive the advice you need!

South Carolina’s grandparent visitation law protects the rights of grandparents under certain circumstances to visit their grandchildren.  But what if, as a grandparent, you are concerned that your child may not be a fit parent for his child?  Can you seek custody of your grandchild? Yes, it is possible as a grandparent to obtain custody of your grandchild.  But it is not easy.

There is a strong legal presumption that children belong with their biological parents unless the parents are demonstrably unfit. The U.S. Supreme Court in Troxel v. Granville reiterated that the Due Process Clause of the Constitution protects parents’ fundamental rights to the care, custody and control of their children.  Thus, for a grandparent to obtain custody of her grandchild, she must surmount two substantial hurdles.  First, she must prove that she is the child’s “de facto custodian.”  Next, she must show that the biological parent (or parents) is unfit.

De Facto Custodian

Under Section 63-15-60 of the South Carolina Children’s Code, a “de facto custodian” is a person who has shown, by clear and convincing evidence, that she has been the primary caregiver and financial supporter for a child who has resided with her for the required statutory period of time.  The time periods are:

• six months or more if the child is under three years old; or
• one year or more if the child is three or older.

The statute specifies that any period of time after the legal proceeding has begun does not count; it is therefore important that the statutory time period has been met before any action is filed.

Only after a grandparent has established that she is a de facto custodian is she able to seek custody.  Thereafter, if she can demonstrate that the parents are unfit, or that other compelling circumstances exist, the court may grant her custody.  Note that the simple fact that the parents may have left the child with the grandparents long enough to establish de facto custodianship is not by itself sufficient evidence to demonstrate unfitness.

Proving Parental Unfitness

The Children’s Code states that parental unfitness must be proved by clear and convincing evidence.  A grandparent can prove that a grandchild’s natural parent is unfit by showing, for example:

• the parent is addicted to drugs or alcohol;
• the parent has abused or neglected the child;
• the parent is irresponsible and makes decisions endangering the child; or
• the parent cannot obtain adequate housing or provide for the child’s economic needs.

Consult a Greenville Family Lawyer

If you are a grandparent concerned for your grandchildren’s well-being, or if you wish to seek visitation with your grandchildren, a good first step is to consult a knowledgeable family lawyer.  Robert Clark is a family lawyer based in Greenville with years of experience representing individuals in complex and sensitive family situations.  Robert Clark has the skills and compassion to help with whatever your family law needs may be.  Contact him at Greenville Family Law for a consultation today.

South Carolina’s grandparent visitation statute is perhaps one of the newest and most favorable grandparent parenting time laws in the country.  While the law may seem wieldy to implement at first glance, found at S.C. Code § 63-3-530 (A)(30), it is indeed a rather simple concept to understand.  To simplify the South Carolina’s grandparent visitation law, whenever a parent interferes with the grandparent visiting with his or her grandchild, the courts may enter an order requiring visitation to occur.  There are some very important provisos that need to be built into the parenting time order for grandparent parenting time, but the terms are such that an order can be both broad and vague to allow the parties to work out the day-to-day management of the grandchild visitation or it can be very strict and delineated to ensure strict compliance.

U.s. Federal Constitution Speaks To The Issue Of Grandparent Visitation

The trajectory of South Carolina law on grandparent visitation is fast changing.  This indeed recognizes the larger national trend in grandparent visitation laws across the nation.  Perhaps it’s a function of the baby boomers becoming grandparents and exercising their rights to such a degree that a critical mass has been reached.  One milestone in this journey is the case of Troxel v. Granville found at 530 U.S. 57.  Troxel is important because it outlines the broad constitutional metes and bounds for when a grandparent visitation statute is constitutionally valid.  To begin, the Supreme Court recognized that the long established right of a parent to make decisions regarding the care, custody and control as a “fundamental right” protected by the Constitution.  Next, a court must start from the basic premise that a parent acts in the best interest of his or her child and must give “special weight” to the parents’ determination of the child’s best interest.  The legal implications are that in order for a court to interfere with such a constitutionally weighty right, the decision must be based on “greater than the preponderance of the evidence standard applicable to other categories of civil cases.”

What Needs To Be Proven To Have Standing Under The Grandparent Visitation Law

When someone does not have a legally recognizable right under a specific law, it is said that they do not have standing under the law.  In order to have standing under the grandparent visitation statute – to benefit from the law, that is – one or both parent must be deceased, or the parents must be divorced and/or living in separate residences The grandparent has the burden of proof to show that the parent is “unreasonably depriving the grandparent of the of the opportunity to visit with the child … for a period exceeding ninety days” and that any parenting time does “not interfere with the parent-child relationship.”  Furthermore, the court must find by clear and convincing evidence that the parent is either “unfit” or that there are “compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest.”  The court can also award attorneys fees and costs to the prevailing party.

This last provision cannot be underestimated in terms of it’s ability to force an unreasonably entrenched litigant on the other side.   Perhaps you have such a situation that requires you to negotiate with a parent or grandparent for grandparent visitation.  Robert Clark is a grandparent’s rights attorney with extensive experience dealing with the many nuances that litigating such a case entails.  If you or someone you know is dealing with such a situation or perhaps wants to seek grandparent visitation, or would like to speak to a lawyer about other aspects of family law, contact us to setup an appointment.